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Opinions Dec. 1, 2010

December 1, 2010
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Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
William R.D. Britt v. State of Indiana
02A03-1004-CR-253
Criminal. Affirms convictions of Class B felony robbery, Class D felony criminal recklessness, and Class A misdemeanor carrying a handgun without a license. The trial court didn’t abuse its discretion in refusing to allow Britt’s counsel to introduce evidence of his brother Brandon’s prior robbery conviction.

Robert Segar v. State of Indiana
49A02-1003-CR-269
Criminal. Reverses conviction of Class A misdemeanor possession of marijuana. Segar’s detention following an investigatory stop wasn’t supported by the requisite reasonable suspicion.

David E. Stutsman v. State of Indiana (NFP)
87A01-1003-CR-187
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, Class D felony possession of two or more chemical reagents or precursors with intent to manufacture a controlled substance, Class D felony possession of methamphetamine, Class D felony maintaining a common nuisance, and Class A misdemeanor possession of paraphernalia.

Elizabeth Littlefield v. State of Indiana (NFP)
49A02-1003-CR-266
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

Demond Withers v. State of Indiana (NFP)
49A04-1003-CR-182
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.

Michael Calhoun v. State of Indiana (NFP)
25A05-1003-CR-227
Criminal. Affirms partial denial of motion to correct erroneous sentence and denial of motion to correct error.

Indiana Tax Court had posted no opinions at IL deadline.
 

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  1. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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